In recent years, the vigorous development of international trade has brought unprecedented business opportunities. Enterprises from various countries have strengthened economic ties through cross-border trade, brought about the global circulation of goods and services, and promoted the prosperity of the global market. However, due to differences in the intellectual property legal systems and enforcement efforts of different countries, as well as international trade barriers and difficulty in supervision, trademark infringements also occur from time to time. Therefore, in the process of "going global", enterprises must not only complete trademark applications and registrations in a timely manner, but also effectively respond to possible subsequent trademark infringements in order to better protect their own interests and maintain brand value.
According to an article on the news portal myRepublica, from mid-April 2020 to mid-April 2022, Nepal's Ministry of Industry recorded about 900 illegal trademark infringements, with 31 local companies using the trademarks of foreign brands. Lack of awareness of the value of intellectual property and insufficient government initiatives are responsible for this problem. In 2012, Bayer discovered in Vietnam that the "Natido" brand of crop protection products sold by Viet Duc was highly similar to its trademark. After Bayer applied for trademark appraisal and came to a positive conclusion, it requested execution from the Ministry of Science and Technology of Vietnam. The law enforcement agency finally ordered Viet Duc's infringing products to be destroyed, and its trademark was no longer allowed to be used, and was sentenced to a fine.In the aerial work industry, Vietnam is also a hot spot for infringing products. If you search SHENXI San Tron on Google, you can see many suppliers of so-called "SHENXI San Tron", such as the following, selling hanging baskets under the SHENXI brand, and The URL www.shenxi.com.vn was used, but in fact it could not be opened at all.
In the Middle East market, there are also many requests for other brands. We have also encountered companies making such requests, but we rejected them.
In the domestic market, similar cases of trademark infringement are also common. Two companies in Deqing County produced and sold 6 electric hoists counterfeiting the registered trademark of Kaicheng Company without the permission of Kaicheng Company, and falsely marked the trademark logo of a well-known brand. Obtaining a complete set of certificates, quality certificates and other materials to seek illegal benefits has potential harm to society and the economy.
In sharp contrast, there are also some countries that have outstanding performance in the protection of intellectual property rights in international trade. Due to improved policies, infringements rarely occur. For example, Israel has high product access requirements and requires complete technology for product certification for the first time. Information, including detailed drawings, calculations, raw material certificates, CE certification, etc. After the information is reviewed and approved, engineers from the Israel National Bureau of Standards will go to the company for on-site certification. After the customer receives the goods, each batch of products arriving in Israel needs to pass the standards Although such high access requirements and registration procedures are cumbersome, they greatly reduce the flow of counterfeit brands into the market. The same is true for Singapore. They have formulated strict intellectual property laws, providing strong legal protection for trademark owners, efficient law enforcement agencies and judicial systems, as well as high public awareness of intellectual property protection. This series of comprehensive policies and measures, greatly reducing the probability of trademark infringement.
In the current international trade environment with fierce globalization, corporate brands and trademarks inevitably face unprecedented challenges and risks. In the face of trademark infringement, it becomes crucial to take effective avoidance measures. This not only involves safeguarding the legitimate rights and interests of the company itself, but is also a necessary move to ensure the interests of consumers and maintain market order. First of all, to enhance legal awareness, enterprises and individuals must understand the trademark regulations of different countries and regions, register trademarks in key markets in a timely manner, ensure the legal protection of the brand in the target country, and improve their own initiative in foreign-related commercial affairs. Secondly, an early warning system must be established to monitor market dynamics. Check whether there are infringing products, detect potential infringements as early as possible, maintain good communication with international partners, and jointly combat infringements. At the same time, strengthen awareness of intellectual property rights in product design, packaging, advertising, etc., to prevent potential risks. Finally, take necessary legal measures to deal with it. Seek administrative, civil and other legal support, try to issue a warning letter, consult a professional intellectual property lawyer or institution, and obtain targeted legal advice and help. Seek administrative relief (including customs relief) in a timely manner to stop the infringement as soon as possible; for cases of large-scale infringement or high damage, civil litigation may be considered to compensate for the loss.
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